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Foreword

I am privileged on behalf of all our people in seafaring communities scattered across the maritime
boundaries of our country to be part of the initiative and collaboration that has led to this first-ever policy
document devoted to sustainable development and management of our oceans and maritime
endowment of our country.

I am part of a government that has set out to “take back Papua New Guinea” from a journey of four
decades that has yielded uncertain outcomes. In the policy space, we want to return to the vision of our
founding fathers espoused in the National Goals and Directive Principles. We want to take the
opportunity to reposition the country going into the future.

Oceans policy is a foundation policy that has been neglected for four decades since independence. We
now have a policy framework that deals with the policy and legal gap that will cover the important
development challenge that balances our ambitions to exploit our nation’s marine resources under a
sustainable and equitable framework. The policy is not intended to be a pedantic policy blueprint as
some would have wanted. It is but the beginning of a guided work needed in policy and legal
development required in the area.

The policy raises a legitimate expectation in our people for government to work smarter to correct and
restore years of unjust exploitation, deprivation and injustice for marine resource owners and our
country that has spanned many generations starting from first contact with outsiders till now.

I think of ordinary citizens in many far fletched isolated island communities like Budibudi in Milne Bay
Province and many others in our coastal regions who depend on government at all levels to action and
use this policy with a sense of urgency. For these communities, our sovereignty as a country has
become meaningless in many ways. Positive action and nothing less will appease our people.

Whilst our National Constitution, Goal 4, National Goals and Directive Principles relates to the
protection of the environment, including oceans and the wise use of the natural resources, our policy
focus in the area of environment and natural resources has been directed to land-based extractive
industries.

Given that PNG is an archipelagic state meaning that we are surrounded by oceans, our failure to put in
place a policy governing the sustainable management of our marine resources is lamentable. For

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example, it is not without significance that our maritime boundaries have not been clearly defined
almost 45 years since independence.

I note that work in this regard was encouraged following Papua New Guinea becoming a signatory to
the United Nations Law of the Sea Convention (UNCLOS) in 1997. Legal reforms were introduced to
implement UNCLOS and related maritime treaties to protect and preserve our oceans.

But all these effort in legislation were introduced without a National Oceans Policy.

I am happy to note therefore that this National Oceans Policy is inspired and derives its character from
Goal 4 of the Constitution, and Vision 2050 for PNG to achieve a ranking within the top 50 countries in
2050 based on the UN Human Development Index (UNHDI).

The road to this goal has been articulated in the principles of the National Strategy for Responsible
Development (STaRS) where “responsible development encapsulates integrating environmental
protection, biodiversity development and conservation; that is, not posing any unnecessary risks to
present generations and at the same time not jeopardizing the needs of future generations.”

On the global front, our Oceans policy framework is consistent with our national commitment to
implement the United Nations Sustainable Development Goals (SDGs). In particular, sustainable
development Goal 14 - Life Below Water, that aims to promote conservation and sustainable use of our
oceans, and its marine resources. In implementing the Oceans Policy therefore our nation will be
contributing to adaptation and mitigation of challenges facing the oceans of our planet.

Implementation of this policy should influence a more prioritized, structured approach to national
planning and linked to more accurate and transparent budgeting, implementation and monitoring. This
will strengthen the capabilities of our national, provincial and district planning system and improve
funding into the sectors via the co-ordination mechanism set up through the National Oceans Office.

I express appreciation and gratitude to our officials from inter-government agencies led by Secretary,
Dr Kwa, Secretary, Department of Justice and Attorney General (DJAG) whose engagements with our
regional stake-holders, multilateral and bi-lateral partners have delivered this policy milestone for our
nation.

On behalf of the Marape-Steven government and our people I commend this policy.

HON. DAVIS STEVEN, LLB, MP

Deputy Prime Minister and Minister for Justice & Attorney General

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Secretary’s Statement

At the 8th Pacific Islands Nature Conservation and Protected Areas Conference in Alotau, Milne Bay
Province in 2007, Papua New Guinea (PNG) promised its Pacific neighbours that it would immediately
commence work on completing its national oceans policy in 12 months. As a member of the National
Organizing Committee of the Conference, I was very thrilled and excited that PNG would finally have a
national policy to guide the Government and the different stakeholders in managing our oceans and its
natural resources.

I am delighted that finally after 13 years of waiting, we now have our first ever National Oceans Policy
(NOP). The work on developing the NOP began with the election of the Marape-Steven Government in
May 2019. Under the leadership of Hon. Davis Steven, the Deputy Prime Minister and Minister for
Justice and Attorney General, the stakeholders with the support of the Department of Justice and
Attorney General have now completed the NOP.

The protection, sustainable use and management of our oceans and natural resources is critical to the
people of PNG and our future generations. The Government has acknowledged this fact by enacting a
suite of legislation, including the latest statute, the Maritime Zones Act 2015, to achieve this objective.
This legislative regime however did not have the policy support. The NOP therefore fills that void.

The NOP draws its strength from the Constitution, particularly the National Goals and Directive
Principles, the Vision 2050 and the National Development Strategy 2030. The NOP has been fashioned
with the backdrop international best practice and globally accepted principles of resources exploitation
and management, especially the Sustainable Development Goals. The NOP also incorporates
traditional knowledge and customs relating to ocean and coastal resources management.

The need to develop appropriate policy frameworks that provide the best opportunities for successful
management of our resources in an integrated and sustainable way – the bottom up approach – draws
on our cultural heritage. A holistic approach to the use and management of the country’s resources
embedded in modern best practices and standards and intertwined with traditional best practices is a
strong bedrock for a successful natural resources policy.

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The governance of our natural heritage should be built on the capacity of our most valued resource, our
people and communities - based on their traditional ties of stewardship to the land and sea. This local
guardianship will need to be supported and coordinated by government institutions that have regained
the wider perspective of responsible sustainable development, management and conservation to
facilitate dialogue including the interests of other groups.

This coordination role supported by our inter-agency and stakeholders needs international and regional
inter-governmental organizations involvement. Their roles include overviews of emerging issues and
threats and international dimensions as well as contributing ocean science for the management of the
resources, that are often, or, if not always, outside the community purview, due to geographical
isolation or other reasons.

The National Oceans Office and our Ministry of Justice and Attorney General calls for support in the
refinement of our NOP framework; especially the practical aspects of institutionalizing the NOP
strategies. While there is emergence, of various levels of institutional capacity being developed from
different national processes, with some advances in a number of provinces and sectors, the appropriate
integration linkages must be adopted to provide a more efficient integrated management approach.

The greatest challenge is on implementation of an overall integrated oceans management model.

Overcoming the challenge is critical for the future in which the plight of local coastal and island
communities must be borne in mind from the outset. The Department of Justice and Attorney General is
committed to fully implementing the NOP for the interest of our people. I encourage all development
partners, stakeholders and especially the coastal and island communities to be active participants in
reaping the desired maximum benefits from this policy initiative.

On behalf of the Department of Justice an Attorney General, acknowledge and thank all those who
have supported and contributed directly and indirectly to the formulation of our National Oceans Policy
framework. My sincere thanks to you all.

Praise and thanks be to our God Almighty.

DR ERIC KWA, PhD

Secretary
Department of Justice and Attorney General

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Acknowledgement

This Papua New Guinea National Oceans Policy framework was prepared and coordinated through the
Ministry of Justice and Attorney General, in consultation with all Government ministries, including
Department of Foreign Affairs and International Trade, National Fisheries Authority, Department of
Transport, Department of Higher Education, Science, Research and Technology, Conservation and
Environment Protection Authority, Climate Change and Development Authority, National Maritime
Safety Authority, Mineral Resource Authority, Department of Mineral Policy and Geo-Hazard
Management and Tourism Promotion Authority.

We are humbled by the contributions of the government sector, the provincial governments, land and
marine resource owners who contributed in the national consultations. We are especially grateful to the
communities, provincial government officers, national government officials and other stakeholders
throughout the country who contributed their ideas and opinions to help design and shape the National
Oceans Policy. We would like to dedicate this Ocean Policy to all our traditional leaders and people
who have passed on their knowledge and skills in protecting and managing our oceans and its
resources in a sustainable manner for the present and future generations.

Finally, we record our appreciation to the Commonwealth Secretariat and the University of Papua New
Guinea for the initial work towards guiding the formulation of this policy.

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Table of Contents
FOREWORD............................................................................................................................................... 2
SECRETARY’S STATEMENT ................................................................................................................... 4
ACKNOWLEDGEMENT............................................................................................................................. 6
ACRONYMS AND ABBREVIATIONS....................................................................................................... 9
EXECUTIVE SUMMARY .......................................................................................................................... 10
CHAPTER 1 BACKGROUND INFORMATION ................................................................................... 13
1.1 INTENT OF P OLICY ......................................................................................................................... 13
1.2 AUDIENCE ..................................................................................................................................... 13
1.3 POLICY DEVELOPMENT P ROCESS .................................................................................................. 13
1.4 LEGAL FRAMEWORK TO GOVERN OCEANS .................................................................................... 13
CHAPTER 2 DEFINITIONS AND POLICY APPLICATION ................................................................ 15
2.1 INTEGRATED OCEANS M ANAGEMENT (IOM) .................................................................................. 15
2.2 INTEGRATED COASTAL AND ISLAND M ANAGEMENT (ICIM) ............................................................ 15
2.3 CUSTOMARY T ENURE S YSTEMS AND RESOURCE M ANAGEMENT ................................................... 16
2.4 PROTECTING CUSTOMARY USE OF R ESOURCES ............................................................................ 16
2.5 SUSTAINABLE USE ........................................................................................................................ 16
2.6 ECOSYSTEM-BASED M ANAGEMENT ............................................................................................... 16
2.7 ENVIRONMENTAL IMPACT ASSESSMENT (EIA) ............................................................................... 16
2.9 PRECAUTIONARY APPROACH ........................................................................................................ 17
2.10 M ARINE SPATIAL P LANNING .......................................................................................................... 17
2.11 M ARINE PROTECTED AREAS (MPAS) ............................................................................................ 17
2.12 M ULTIPLE-USE M ANAGEMENT ....................................................................................................... 18
2.13 ADAPTIVE M ANAGEMENT .............................................................................................................. 18
2.14 JOINT M ANAGEMENT ..................................................................................................................... 18
2.15 BLUE ECONOMY ............................................................................................................................ 18
CHAPTER 3 POLICY CONTEXT AND DIRECTION........................................................................... 19
3.1 VISION ........................................................................................................................................... 19
3.2 GOAL ............................................................................................................................................ 19
3.3 OBJECTIVES .................................................................................................................................. 19
3.4 PRINCIPLES ................................................................................................................................... 19
3.5 OUTCOMES .................................................................................................................................... 20
3.6 INTERNATIONAL AND R EGIONAL POLICY AND L EGAL CONTEXT ..................................................... 21
3.6.1 International and Regional Policy Context ................................................................................. 21
3.6.2 Development Agenda 2030 and the Sustainable Development Goal 14 ..................................... 21
3.6.4 Regional Policy Context ............................................................................................................. 22

3.6.5 PACIFIC ISLANDS REGIONAL OCEAN POLICY................................................................... 23

3.6.6 BLUE PACIFIC .......................................................................................................................... 23
3.7 NATIONAL POLICY CONTEXT & NATIONAL L EGAL CONTEXT .......................................................... 24
3.7.1 National Policy Context .............................................................................................................. 24
3.7.2 National Legal Context ............................................................................................................... 26

CHAPTER 4 POLICIES AND STRATEGIES ...................................................................................... 29

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 4.1 CURRENT SITUATION ......................................................................................................................... 29
4.2 ANALYSIS OF ISSUES ..................................................................................................................... 29
4.2.1 Governance & Management ....................................................................................................... 29
4.2.2 Knowledge & Technology .......................................................................................................... 30
4.2.3 Environment Protection, Conservation & Climate Change......................................................... 31
4.2.4 Sustainable Economic Development.......................................................................................... 34
4.2.5 International Relations, Security, Safety & Recreational Use ..................................................... 35
4.3 POLICY RESPONSES ...................................................................................................................... 37
4.3.1 Strategy 1: Governance and Management.................................................................................. 37
4.3.2 Strategy 2: Knowledge and Technology ..................................................................................... 37
4.3.3 Strategy 3: Environment Protection & Conservation .................................................................. 38
4.3.4 Strategy 4: Sustainable Economic Development........................................................................ 38
4.3.5 Strategy 5: International Relations, Security and Safety ............................................................ 39
CHAPTER 5 INSTITUTIONAL ARRANGEMENTS............................................................................. 40
5.1 NATIONAL OCEANS O FFICE ............................................................................................................... 40
5.1.1 Operational Policies ................................................................................................................... 40
5.1.2 Ministerial Oceans Committee (MOC)......................................................................................... 40
5.1.3 National Oceans Committee ....................................................................................................... 40
5.1.4 Core Technical Committee (CTC) ................................................................................................ 41
5.1.4 Oceans Office Operational Requirements .................................................................................. 41
5.1.5 Working Committee to develop Applied Research regimes. ...................................................... 41
5.1.6 National Advi sory Committees ................................................................................................... 41
5.1.7 RESOURCE IMPLICATIONS ............................................................................................................. 41
5.1.8 Funding Source s ........................................................................................................................ 42
5.3 ORGANIZATIONAL R ESPONSIBILITIES ............................................................................................. 42
CHAPTER 6 IMPLEMENTATION PLAN ............................................................................................. 45
IMPLEMENTATION P HASE 1: ..................................................................................................................... 45
IMPLEMENTATION P HASE 2: ..................................................................................................................... 46
IMPLEMENTATION P HASE 3 ...................................................................................................................... 46
CHAPTER 7 MONITORING & EVALUATION .................................................................................... 47
T ABLE 7.1: T HE NOP NATIONAL OUTCOMES ........................................................................................... 47
T ABLE 7.2: PNG SDG 14 T ARGETS AND I NDICATORS ............................................................................. 48
7.3 GOVERNMENT AGENCIES .............................................................................................................. 49
7.4 PAPUA N EW GUINEA OFFICE OF OCEAN AFFAIRS ......................................................................... 49

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Acronyms and Abbreviations

ABS Access and Benefit Sharing

CMEP Commonwealth Marine Economies Program
CTI-CFF Coral Triangle Initiative – Coral Reefs, Fisheries and Food Security
CEPA Conservation & Environment Protection Authority
DFAIT Department of Foreign Affairs and International Trade
DNPM Department of National Planning and Monitoring
EEZ Exclusive Economic Zone
EIA Environmental Impact Assessment
FAO Food and Agriculture Organization
GOPNG Government of Papua New Guinea
ICIM Integrated Coastal and Island Management
IOM Integrated Oceans Management
IPRs Intellectual Property Rights
IUCN International Union for Conservation of Nature
MARPOL International Convention for the Prevention of Pollution from Ships
MPAs Marine Protected Areas
MSP Marine Spatial Planning
MSR Marine Scientific Research
MSRC Marine Scientific Research Committee
MEEP Marine Environment Education Program
NFA PNG National Fisheries Authority
NEC National Executive Council
NGO Non-Government Organization
NOO National Oceans Office
NOP National Oceans Policy
NOC National Oceans Committee
PNG Papua New Guinea
PIROP The Pacific Islands Regional Ocean Policy
PIF Pacific Islands Forum
PIP Public Investment Program
R&D Research and Development
RPO Research Performing Organizations
SDG Sustainable Development Goal
SIDS Small Island Developing States
SPREP South Pacific Regional Environmental Program
SPC Secretariat of Pacific Community
TMT Transfer of Marine Technology
UNCLOS United Nations Convention on the Law of the Sea
UNESCO United Nations Educational, Scientific and Cultural Organization
UNEP United Nations Environment Programme
UNHDI United Nations Human Development Index
UNCTAD United Nations Conference on Trade and Development

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Executive Summary

Introduction

Papua New Guinea (PNG) is an archipelagic state. It is a country surrounded by oceans with the main
landmass comprising the eastern-half of the island of New Guinea in the Western Pacific Ocean (Rim
of Fire) Region, and within the prime influence of the ‘Pacific Warm Pool’ – the warmest part of any
ocean on planet earth. PNG’s prime jurisdiction encompass an ocean space (by its declared Exclusive
Economic Zone (EEZ)) of 3.12 million km 2 with a coastline of 17.110 million km. Eighty eight percent of
PNG is covered by oceans in comparison to land. The Marape-Steven Government recognizes that the
ocean(s) is the major driver of all natural and physical systems that impact on the country’s natural
environments or ecosystems (whether on land or in the seas), which in turn impacts the socio-
economic livelihoods of the people and their aspirations for sustainable development.
Figure 1: Map of Papua New Guinea and its Exclusive Economic Zone (EEZ). Source: “A Roadmap for Coastal
Fisheries and Marine Aquaculture for PNG 2017-2026”

The coastal, islands and the marine natural systems hold abundant natural renewable and non-
renewable resources which are envisaged to meet the demands of the country’s ever-growing human
population, which at present, is 8.5 million people. These resources include food, water, medicines, and
various components of biological diversity, minerals, hydrocarbons and energy. The oceans also hold
opportunities for industrial and service sectors such as in fisheries, forestry, agriculture, transportation,
business and finance, human settlement and infrastructure development, socio-economic livelihoods
along the coasts and on islands, tourism, education and traditional knowledge, health, national security
and international relations.

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The development of PNG’s National Oceans Policy (NOP) has occurred at an important juncture of the
country’s history in that we recognize the rapid land degradation resulting from extractive exploitation
and human settlement. Thus, the policy which is fashioned by the United Nations Convention on the
Law of the Sea (UNCLOS) and the Maritime Zones Act 2015 (MZA), will provide the sustainable
management and governance framework to better use and safeguard our ocean resources and ensure
their sustainability for our future generations.

The National Executive Council (NEC) through its Decision No. 3/2015 established the National
Oceans Office (NOO), and subsequently its Secretariat through the workings of the National Oceans
Committee and its Technical Working Committee under the auspices of the Department of Justice and
Attorney General (DJAG) as Chair and the Department of Foreign Affairs and International Trade
(DFAIT) as co-chair, since 2016. The governance framework proposes a Ministerial Oceans Committee
to provide relevant reports to the NEC.

The development of the NOP strengthens the organizational development and establishment of the
NOO and its working Committees. The NOP is a 10-year policy that will run from 2020 to 2030. The
design, planning and development of the NOP has been a collective effort by all Papua New Guineans
and friends through national consultations, the review and assessment of numerous reports, laws and
literature.

The NOP supports relevant reforms including those provided under the current MZA. An effective
national ocean policy will require sustained investment to support research and exploration, provide
adequate infrastructure for data collection, science and management. The NOP also provides for an
opportunity for PNG to link up with the United Nations Decade of Ocean Science for Sustainable
Development (2021-2030) and becoming a key stakeholder of the Ocean Decade within the Pacific
Region.

Basic Issues

There are numerous natural and man-made disasters that have occurred and will continue to occur at
the national, regional and international levels. Many of these disasters have greatly affected our oceans
and its natural resources. The global community has witnessed increased opposition to developments
that affect our oceans through protests, petitions and court proceedings. In PNG, the uncertainty of the
impacts on the marine environments by offshore deep seabed exploration and mining for minerals by
foreign companies is imperative.

It is noted that more than 8% of our people live within one kilometer of coastal and island environments
and these environments are vulnerable and prone to hazards and risks of complex dynamics. There is
a need to apply modern risk assessments such as, the Integrated Vulnerability Index, to enable
improved planning strategies and implementation of programs. The application of relevant marine
scientific research is crucial to appreciate and understand the nature of our oceans.

The major challenge that confronts the country in the implementation of NOP is the weak governance
processes. It is imperative that the Government tackles this issue through strategic policy, legislative
and administrative reforms.

Approach to Resolving the Issues

The NOP framework is based on the principle of Integrated Oceans Management (IOM). There is now
consensus amongst the mainline organizations in different Government ministries for a paradigm shift
to embrace a national oceans policy based on the IOM concept. The implementation of programs and
activities under the principles of good governance for an IOM policy must also include our traditional

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ocean communities and strive for gender, inter-generational and geographic diversity amongst
stakeholders. The IOM is a national strategic policy document that sets out a planned-system wide
approach to ocean management; and covers all sectors and all levels of governments in an integrated
mode of planning, developing, and implementation of policies.

An IOM policy is not confined to the country’s EEZ but also extends beyond its jurisdiction. PNG needs
support and cooperation from other States, and relevant multilateral and bilateral organizations under
the auspices of the United Nations. One of these opportunities is to engage with the UN Decade of
Ocean Science for Sustainable Development (2021-2030) initiative.

An integration of resource development, conservation and management, to lead PNG into the next
promising viable global economy – the blue economy - requires an appropriate national oceans policy
framework. The blue economy entails the sustainable use of ocean resources for economic growth,
improved livelihoods and jobs, while protecting the health of the ocean ecosystems. In essence, the
IOM policy framework requires an appropriate governance structure for all actors on oceans to abide
by. Generally, it is a set of guiding principles which provide integrated strategic actions for
implementation. This envisages realizing the benefits of the blue economy.

Purposes of the National Ocean Policy

The Primary Purpose of the NOP is to develop and establish an Integrated Ocean Management
System within PNG’s national jurisdiction and at the same time establish a Framework for Regional and
International Cooperation and Collaboration in Areas Beyond its National Jurisdiction.

Figure 2: Papua New Guineas Ocean Resources

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 CHAPTER 1 BACKGROUND INFORMATION

1.1 Intent of Policy

The PNG National Ocean Policy is designed to provide a framework to improve ocean
governance and management. It aims to provide the strategic direction for planning, resource
allocation and to promote sustainable management and use of ocean resources within and
beyond PNG’s national jurisdiction.

1.2 Audience

The NOP is for the benefit of all Papua New Guineans. It strives to be inclusive across
generations, gender and geographical distributions. The NOP serves to guide stakeholders
including national, provincial and local governments, state owned enterprises, development
partners, non-government organizations, private sector and the rural communities that are
involved in the planning, use and management of the ocean and its resources.

1.3 Policy Development Process

The Government through NEC Decision 124/96 directed the ratification of the United Nations
Convention on Law of the Sea (UNCLOS) and for PNG to implement UNCLOS domestically,
through the Department of Justice and Attorney General (DJAG) and Department of Foreign
Affairs and International Trade (DFAIT). The National Fisheries Authority (NFA) and other
technical agencies undertook the technical and legal implementation of UNCLOS in the country,
which led to the delimitation of PNG’s maritime boundaries and enactment of the Maritime
Zones Act 2015 (MZA).

In 2015, the Government through NEC Decision No. 03/2015, directed DJAG to create the
Oceans Office to oversee the implementation of the MZA, in consultation with key stakeholders.
The same NEC Decision also approved the Maritime Boundaries Delimitation Project and its
activities to be subsumed into the Oceans Office.

1.4 Legal Framework to Govern Oceans

The MZA is the legal framework for ocean governance in PNG. It replaced the National Seas
Act 1977 and corrected the country’s National Baseline and Maritime Zones, consistent with the
technical requirements of UNCLOS. It further ensures that PNG’s rights and obligations in those
zones are reflected in the legislation consistent with the governance framework under UNCLOS.

The MZA provides maritime jurisdictional limits for enforcement of PNG’s responsibilities as
against the rights of other coastal States. Some of the ocean responsibilities are found in
Shipping, Maritime Security, Environmental Protection, Fisheries Development, including
potential exploitation of Natural Resources Policies and Legislations. The MZA further provides
administrative and legal guidelines to regulate the conduct of Marine Scientific Research in the
waters of PNG through an appropriate consent regime.

Cross-cutting issues related to ocean use and space, although varied, cannot be isolated or
separated and must be treated holistically. This sets the foundation for an integrated approach
on sustainable development consistent with Vision 2050, the Strategy on Responsible and
Sustainable Development (StaRS), Sustainable Development Goal (SDG) 14 and other related

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policies. The Oceans Office and the establishment of governance arrangements coincide with
the development of this Oceans Policy, as the NOP will guide the roles and responsibilities of
various competing interests in the overall administration of ocean governance.

Figure 3: Marine Environment Education Program (MEEP) students under Mahonia Na Dari (a local
NGO) in Kimbe on a field excursion in Restorf Island with Fish Identification Guides. Photo: Stefan
Andrews

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 CHAPTER 2 DEFINITIONS AND POLICY APPLICATION

2. The NOP is underpinned by Key Concepts pertaining to Integrated Oceans Management (IOM)
outlined below. These are captured in the NOP in principle to focus and strengthen our planning
and research programs at all levels and to apply when developing and integrating the NOP
directions into relevant sectorial policies for the long-term.

2.1 Integrated Oceans Management (IOM)

An integrated ocean management policy is a national strategic policy document that provides for
a ‘planned system-wide approach to ocean management’. It involves coordination and
collaboration by sectors using the ocean. It covers all sectors and all levels of government
whose scope of activity relates to the use of ocean resources and provides a process where
specific actions can be taken by user groups.

An IOM provides a process by which actions are taken for the use, development and protection
of coastal resources and areas to achieve national goals established in cooperation with user
groups, regional and local authorities and traditional ocean communities. In this definition,
integrated management refers to; “the management of sectoral components as parts of a
functional whole with the explicit recognition that it is the users of resources, not the stocks of
natural resources that are the focus of management.” (FAO Guidelines)

The IOM policy is a formal commitment by the Government of the principles and standards that
will achieve a balanced and holistic approach to ocean management. It will also provide detail
as to how these goals will be achieved. The UNESCO states that ‘in essence’ in an integrated
approach sector policies will have to be subsidiary to the principles and standards of a common
National Ocean Policy, i.e. that objectives, programs and measures (policies) to manage the
marine environment and its resources will be developed in such a way that the different
objectives, programs and measures are mutually consistent across different sectors . The NOP
sets standards, baselines and benchmarks upon which that consistency will be measured.

The IOM policy will apply across all levels of government. It promotes a multipronged approach
as to how desired goals will be met. The Government would be required to identify problems,
assess the feasibility of alternative courses of action and select approaches to overcome them.

2.2 Integrated Coastal and Island Management (ICIM)

The integrated coastal management (ICM) or integrated coastal and island management (ICIM)
concept is focused on coastal and whole islands and also assumes the basic principles of the
IOM concept. Given the dynamic nature of environmental conditions in coastal areas and whole
islands’ ownership, and in addition, as they are the prime attraction for human settlement and
related development activities, the issues are complex and warrant attention.

The attention required includes reviewing and establishing appropriate policies, programs and
projects under the ecosystem-based management process by all the partners and stakeholders.
In noting that the coastal areas are the interface between the atmosphere, sea and land, and
land-based impacts to the sea are substantial, it is of significance in the ICM processes to take
into account the nature of the river basins and catchments as a continuum to the oceans.

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2.3 Customary Tenure Systems and Resource Management

The NOP reaffirms the recognition of indigenous and local community ownership regimes of any
ocean space and natural resources therein within PNG’s national jurisdiction by virtue of our
traditional and customary tenure systems. This assertion therefore acknowledges the
indigenous and local communities as an integral and intrinsic component in community-based
resource management.

2.4 Protecting Customary Use of Resources

In noting the above, it is acknowledged that modern development interventions may vary from
the traditional norms and will require appropriate protection and resources, such as scientific
information alongside traditional knowledge to be offered to indigenous and local communities
on the wise use of their ocean resources.

2.5 Sustainable Use

Sustainable use refers to the use of components of biological diversity in a way and at a rate
that does not lead to the long-term decline of biological diversity, thereby maintaining its
potential to meet the needs and aspirations of present and future generations.

2.6 Ecosystem-Based Management

Understanding the dynamics of natural coastal and marine ecosystems is crucial to introducing
appropriate policy initiatives for the management of viable population’s in-situ. The main aspects
of interests are on understanding the various but integrated components of ecosystems in terms
of their structure, services and functions. This is critical in an ecosystem-based management as
it includes planning and design of marine protected areas (MPAs) and the application of marine
spatial planning (MSP) within an IOM framework.

2.7 Environmental Impact Assessment (EIA)

It is imperative that certain activities should not be undertaken or authorized without prior
consideration, at an early stage, of their environmental effects. Where the extent, nature or
location of a proposed activity is such that it is likely to significantly affect the environment, a
comprehensive environmental impact assessment (EIA) should be undertaken in accordance
with the following principles. An EIA should include, at a minimum:

a) A description of the proposed activity;

b) A description of the potentially affected environment, including specific information
necessary for identifying and assessing the environmental effects of the proposed
activity;
c) A description of practical alternatives, as appropriate;
d) An assessment of the likely or potential environmental impacts of the proposed activity
and alternatives, including the direct, indirect, cumulative, short-term and long-term
effects;
e) An identification and description of measures available to mitigate adverse
environmental impacts of the proposed activity and alternatives, and an assessment of
those measures;
f) An indication of gaps in knowledge and uncertainties which may be encountered in
compiling the required information;

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 g) An indication of whether the environment of any other State or areas beyond national
jurisdiction is likely to be affected by the proposed activity or alternatives.

2.8 Information Management System

Establish and develop an information management system portal to store and validate agreed
data and information to be used to implement the MZA and the Policy.

2.9 Precautionary Approach

Comprehensive Scientific Research for all maritime zones is needed as there is limited
information to guide the development of sectoral policies and regulatory regimes. This limited or
lack of adequate scientific knowledge should not be used as a reason or excuse not to take any
marine conservation or management actions. This precautionary approach principle is a core
tenet of integrated oceans management.

2.10 Marine Spatial Planning

The Marine Spatial Planning (MSP) model is internationally accepted whereby all partners and
stakeholders are involved in various processes of planning and decision-making at different
levels to enable allocation of different marine areas for human use in terms of space and over
time periods – the zoning system. The zoning system establishes criteria and limitations for use
under regulations. The overall outcome is achieving environmental protection, conservation and
sustainability of the natural resource base, and thereby improving the socio-economic
livelihoods of local communities, and supply of public goods and services to areas beyond the
demarcated zones.

2.11 Marine Protected Areas (MPAs)

Marine Protected Areas (MPAs) are areas of seas, oceans, estuaries or large lakes that are
protected. These marine areas can come in many forms ranging from wildlife refuges to
research facilities. They restrict human activity for a conservation purpose and many such
marine resources are protected by the local communities, Non-government Organizations
(NGOs), the state or international authorities. In some situations, MPA also provide revenue for
countries, potentially equal to the income that they would have if they were to grant companies
permissions to fish.

PNG as a developing state with a wealth of natural resources is committed to ensuring that the
status of the environment remains a primary focus. Under its Protected Area Policy, the
Government recognizes the importance of natural ecosystems, biodiversity, conservation,
people, culture and sustainability.

The primary purpose of an MPA is to protect Marine Biodiversity. The MPA apply the same
principle of ‘no-take’ areas in coastal and marine areas under both the traditional conservation
practices according to specific societal customs, and the introduction of conventional marine
protected areas. The undertakings under marine spatial planning (MSP) processes and zoning
systems are required in order to consider appropriately the value of MPA in fisheries
management, and levels of restrictions and interests on extractive and partial extractive
activities.

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2.12 Multiple-Use Management

Multiple use management draws attention to the uses of a coastal or marine area by different
groups for various purposes. Effective and efficient management of multiple uses ensures
broader understanding of sustainable use.

2.13 Adaptive Management

The concept of adaptive management works well under conditions that foster learning and
change to deal with uncertainties. The conditions or issues to be addressed emerge from
ecological conditions, socio-economic conditions, and institutional conditions; and lend support
for integrated management values as outlined above.

2.14 Joint Management

Joint management over an area is when countries pool any rights they may have over a given
area, and to a greater or lesser degree, undertake some form of joint management for the
purpose of exploring, developing, and extracting offshore living and non-living resources. This
can include multilateral agreements on maritime joint development zones, which allow access to
resources within an area by more than two states. This inter-state cooperation may be applied,
for example, to extended continental shelf areas to which participating states are entitled in
international law following a joint submission as provided under UNCLOS.

2.15 Blue Economy

The Blue Economy comprises activities that directly or indirectly take place in the seas, oceans
and coasts using oceanic resources and eventually contributing to sustainable, inclusive
economic growth (equitable opportunities), employment, well-being, while preserving the health
of the ocean. It includes activities such as exploration and development of marine resources,
appropriate use of ocean and coastal space, use of ocean products, provision of goods and
services to support ocean activities and protection of ocean environment.

The application of a ‘blue’ economy concept would be a big step in the right direction for PNG.
‘Innovation’ is the key word on which to work on in the ocean environment. The world’s marine
ecosystems provide essential food and livelihoods to millions of people. According to the United
Nations Environment Programme (UNEP) Secretariat, a switch to a blue economy would unlock
the potential of the marine-based economy while reducing ocean degradation and alleviating
poverty.

Many natural resources found in marine environments are being degraded by unsustainable
use, ultimately putting their ecosystems, food security and climate regulations at severe risk. A
major challenge for users of the sea is ensuring that the ocean assets equitably balance the
economic activities provided by marine resources with food security and livelihood issues, public
use and amenity and conserving and protecting the health and function of our ecosystems. A
key component here is the capacity in applying science-based means of managing the use of
ocean resources and a national competency to support a sustainable ocean economy and
managing ocean related risks.

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 CHAPTER 3 POLICY CONTEXT AND DIRECTION

3.1 Vision

A healthy ocean that achieves responsible sustainable development outcomes and aspirations
of Papua New Guinea, whilst addressing and mitigating impacts of climate change, natural
disasters, anthropogenic waste and land-based sources of pollution.

3.2 Goal

To sustainably develop and manage PNG’s marine resources through an integrated ocean
management system within its national jurisdiction as well as in areas beyond the country’s
national jurisdiction, and at the same time, facilitate for cooperation and collaboration in areas
beyond PNG’s national jurisdiction.

3.3 Objectives

The supporting objectives of the NOP are to:

i. Strengthen the implementation of UNCLOS and the MZA through mutual cooperation and
collaboration with international, regional and domestic partners and stakeholders.

ii. Support the implementation of the Fourth Goal of the National Constitution relating to the
wise use and management of PNG’s environment and natural resources.

iii. Strengthen cooperation and collaboration between different stakeholders in the

implementation of the NOP.

iv. Support the implementation of overarching national policies namely; the Papua New Guinea
Vision 2050 and the National Strategy for Responsible Sustainable Development for Papua
New Guinea (STaRS).

v. Provide strategic directions upon which sub policies dealing with the ocean space can be
standardized to enable a coherent integrated management system.

vi. Facilitate capacity building, the transfer of marine technology, and ocean literacy, and
promote tools and approaches that transform ocean knowledge into actions on ocean
sustainability

3.4 Principles

The implementation of the NOP is based on the following five fundamental principles, which will
provide guidance towards achieving the goals and objectives of this policy.

1. Governance and Management

Shared responsibility of the governance and management of the oceans, through
transparency, inclusiveness and accountability.

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 2. Knowledge & Technology
Improving our understanding of our ocean through Science, Research, Knowledge and
Innovation.

3. Environment Protection and Conservation

Protection and maintaining the health of our oceans.

4. Sustainable Economic Development

Sustainable Development and Management of the use of the ocean and its resources.

5. Safety, Security & International Relations

Promoting and enhancing the peaceful use of the oceans.

3.5 Outcomes

The following outcomes listed, but not limited to, must be achieved under the NOP and
periodically reviewed and evaluated against the policy objectives:

1.Office of Ocean
Affairs and
Effective
Environment &
Leadership
Climate Change 1.Annual PNG
Established.
Impacts Ocean Plans
Assessment on developed.
Oceans

The Extended
Continental Shelf 1.Marine Spatial
area of the Plan/ Strategy for
Ontong Java PNG’s Waters in
Plateau is jointly place.
Managed

1.Data
Collection,
1.Provincial Storage and
Coastal Waters Information
Mapped and Sharing Protocols
Declared. NOP and Relevant
OUTCO Infrastructure
supported.
MES

1.Global, Marine Scientific

Regional, and Research and
Sub-regional Applied Research
Mechanisms Guidelines
Strengthened. established.

1.Human 1.National Ocean

Resources on Strategy
Oceans Developed and
Developed. Promoted.
1.Vulnerability 1.Visibility and
Needs awareness of the
Assessment for importance of
PNG Coastal oceans
Waters. increased.

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3.6 International and Regional Policy and Legal Context

3.6.1 International and Regional Policy Context

The UNCLOS is widely considered as the international constitution of the oceans

incorporating both the codification of customary international law and negotiated treaty
commitments relating to the world’s oceans. It provides for jurisdictional rights and
obligations of coastal states and common uses of the ocean. It also provides for a range
of uses of the oceans such as navigation, marine environmental protection, and
underwater cultural heritage, exploitation of living and non-living resources, marine
scientific research, and dispute settlement mechanisms.

3.6.2 Development Agenda 2030 and the Sustainable Development Goal 14

The Development Agenda 2030 is a plan of action for people, planet and prosperity, it
focuses on the global issues related to poverty and recognizes the need to eradicate
poverty in all its forms and is part and parcel of achieving sustainable development. The
framework of the development agenda has been broken up into 17 sustainable
development goals (SDG’s) and 169 targets to facilitate actions and monitor progress on
achieving the sustainable development agenda. The SDGs are universal, and they
provide a clear policy framework for regulatory actions at national, regional and
international level.

The direct relevance of the SDGs to the NOP is the SDG 14, Conserve and sustainably
use the oceans, seas and marine resources for sustainable development. The Goal 14
has 7 Targets as bench-marks to progress to the Year 2030. NOP complements the
STARs in highlighting the blue growth through the blue economy processes to achieve
the desired achievements on national, regional and international contexts within the
framework of the UN SDG-A2030.

The PNG government will need to complete the Monitoring and Evaluation reporting and
for submission to its sectors and provinces in the next 5 years before submission to the
UNSDG Conference by 2030

3.6.3 International and Regional Legal Context

PNG’ sectors through their various mandates to deal with the ocean space
implementation and enforce the rights and obligations under UNCLOS and it’s
implementing arrangements in cooperation with the mandated relevant UN multilateral
bodies. Some of these implementing arrangements include:

! Convention on Biological Diversity (CBD) and the Nagoya Protocol on access and
benefit sharing.
! United Nations Framework Convention on Climate Change (UNFCCC)
ß The United Nations (UN)
! Commonwealth Secretariat
! International Seabed Authority (ISA)
! International Maritime Organization (IMO)
! Food and Agriculture Organization (FAO)
! Intergovernmental Oceanographic Commission (IOC)
! United Nations Fish Stocks Agreement (UNFSA)

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 ! International Hydrographic Organisation (IHO)

There are also cooperative arrangements with sub regional bodies. Some of these
include:

! The Pacific Community (SPC)

! The South Pacific Regional Environment Program (SPREP)
! Pacific Islands Forum Secretariat (PIFS)
! Office of the Pacific Ocean Commissioner (OPOC)
! Forum Fisheries Agency (FFA)
! Parties of the Nauru Agreement (PNA)
! Western and Central Pacific Fisheries Commission (WCPFC)

PNG has incorporated most of these international obligations into its domestic legislation
and this must be linked to an overarching national ocean policy document. The MZA
which implements UNCLOS in PNG, is the primary legislative framework which other
related legislation and policies and mandated government agencies must align with in
terms of their respective mandates in the use of the ocean and its resources.

3.6.4 Regional Policy Context

The Pacific Ocean is the world’s largest ocean in which its people rely on it for food,
transport, traditional practices and economic opportunity. There are increasing common
challenges that affect the way of life of the Pacific peoples and puts at risk the health of
our oceans. The Pacific Island Countries and Territories continue to work together to
balance the needs and economic aspirations of their current and future generations.

The 2014, Framework for Pacific Regionalism (the Regionalism Framework) is the
principal regional policy instrument for strengthening and deepening regional
cooperation, regional integration and the regional provision of public goods and services,
under four pillars: (1). Sustainable development; (2). economic growth; (3) governance
and (4) security.

The Regionalism Framework, inter alia, adopts a process for priority setting for the
region and specific forms of regional collective actions (regionalism) to be applied to
achieve priority actions. These regional collective actions are:

i. Coordination;
ii. Cooperation;
iii. Collaboration;
iv. Economic Integration; and
v. Administrative/ legal/ institutional integration

The Regionalism Framework provides the vision of the Pacific region for peace,
harmony, security, social inclusion and prosperity for the pacific people identifying
regional values that must be applied to all policy making and implementation in the
region.

In this regard, the Pacific Oceanscape Framework (Oceanscape Framework) has

incorporated the values and principles espoused in the Regionalism Framework and

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 raises a number of ocean related priorities for action, which have been translated further
into the Pacific Island Regional Ocean Policy (PIROP).

The Oceanscape Framework identifies six strategic priorities which the PIROP will be
implementing against: (i) establishing ‘jurisdictional rights and responsibilities’, (ii)
fostering ‘good ocean governance’, (iii) supporting ‘sustainable development,
management and conservation’, (iv) promoting ‘listening, learning, liaising and leading’,
(v) sustaining action, and (v) facilitating adaptation to a rapidly changing environment.

3.6.5 Pacific Islands Regional Ocean Policy

The PIROP was endorsed by the Leaders in 2002. The primary principles advocated
under this Regional Policy are:

! Improving ocean governance;

! Improving understanding of the ocean;
! Achieve responsible sustainable development and management of the use of
ocean resources;
! Maintaining the health of the oceans;
! Promoting and enhancing peaceful use of the ocean; and
! Creating partnership and promoting cooperation.

The above principles provide guidance for the development of the PIROP objectives:
(i). Integrated Ocean Management, (ii). Adaptation to Environmental and Climate
Change and (iii). Liaising, Listening, Leading and Learning. Strategic Priorities and
Actions to be undertaken under PIROP, to achieve the objectives are:

! Strategic priority 1 – Jurisdictional Rights and Responsibilities;

! Strategic priority 2 – Good Ocean Governance;
! Strategic priority 3 – Sustainable development, management and conservation;
! Strategic priority 4 – Listening, Learning, Liaising and Leading;
! Strategic priority 5 – Sustaining action; and
! Strategic priority 6 – Adapting to a rapidly changing environment.

Given that PNG is embarking on this maiden journey of its NOP initiative, the
Oceanscape Framework and PIROP outcomes will continue to provide guidance and
adoption of appropriate integrated strategic actions, noting that these have been framed
against the Leaders directions for the region.

3.6.6 Blue Pacific

The Blue Pacific describes the world's largest oceanic continent with recognition of the
Pacific Island Countries and Territories working together under the auspices of the
Pacific Island Forum. In 2017 under the Blue Pacific declaration by the Leaders, the
Government pledged a number of national commitments, and these included the
declaration of PNG’s first national marine protected area of the Bootless Bay
encompassing both the NCD and Central Province. This initiative is being supported by
JICA under the leadership of the Conservation and Environment Protection Authority
(CEPA).

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 The Pacific Vision was endorsed by the Leaders in 2014, calling for a region of peace,
harmony, security, social inclusion, and prosperity, so that all Pacific people can lead
free, healthy, and productive lives.

In 2017 the Pacific Forum Leaders endorsed the “Blue Pacific” identity as the core driver
of collective action to advance this vision. The Blue Pacific seeks to re-capture the
collective potential of the region’s shared stewardship of the Pacific Ocean based on an
explicit recognition of its shared “ocean identity”, “ocean geography”, and “ocean
resources”. Through the Blue Pacific, Forum Leaders seek to reaffirm the connections of
Pacific people with their natural resources, environment, culture and livelihoods. Forum
Leaders recognize the Blue Pacific as being about all Pacific peoples, who recognize
their needs and potential, who plan and own their development agenda, and who can act
collectively for the good of all, rather than a few.

3.7 National Policy Context & National Legal Context

3.7.1 National Policy Context

The NOP is formulated within the parameters of the existing national policy frameworks
that sets the policy platform for the country. The NOP takes que from the PNG
Development Strategic Plan (DSP) 2010-2030 and Medium-Term Development (MTDP)
Plan III 2018-2022 that translate the aspirations of Vision 2050. The policy also
complements other significant national strategies, policies and plans.

A. Vision 2050

The Vision 2050 provides an overarching policy direction for the country; hence it
envisions PNG to be a Smart, Wise, Fair and Healthy nation by 2050. The vision is
designed to be achieved through its seven pillars. Those pillars are aligned to the
National Goals and Directive Principles. Pillar 5 of Vision 2050 calls for the Government
of Papua New Guinea to pursue environment sustainability and combat climate change
while pursuing economic developments. The Vision is to be materialized within the 40
years.

The Vision 2050 will ensure that PNG has a strong, dynamic and competitive economy
by 2050. The focus is to develop manufacturing, agriculture, forestry, tourism, fisheries
and ocean resources to generate around 70 percent of GDP, with the balance coming
from mining, petroleum and gas ventures in the non-renewable sector. The NOP is a
guide and calls on the Government to sustainably develop its ocean resources to
achieve the objectives of the Vision 2050.

The Vision 2050 provides that:

“Oceans and Coastal Environments: While the country’s focus has been on land
utilization, the ocean environment has not been developed, mainly because of the poor
understanding of ecosystems and the new challenges that are offered. A no regret
ocean policy is urgently required and must be developed to enhance our prosperity
before 2011.”

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 The development of the NOP implements the objective of the Vision 2050. The
implementation of the NOP will contribute to PNG’s efforts to be a smart, wide, fair and
healthy country by 2050.

B. Papua New Guinea Development Strategic Plan 2010-2030

The Strategic Development Plan 2010-2030 (DSP 2030) is a 20 years plan that also
aligns with Vision 2050. It interprets the Vision 2050 with clear and specific policy goals
and targets. Those goals are to be achieved by 2030. The goal of the DSP 2030 is for
PNG to be one of the “Middle Income” countries by 2030. It gives clear policy directions
to all other national policies to take the que from.

Goal 6.6 of the DSP 2030 is to promote sustainable use of the environment including
marine/ocean resources. The sustainable development of ocean resources is important
in order to benefit current and future generations. Water and Ocean pollution are listed
as major environmental concerns. This includes pollution by manufacturing activities
such as canneries, illegal dynamite fishing, dumping of tailings by mining companies into
rivers and direct disposal of untreated household wastes and raw sewerage into the
ocean. The adoption of the NOP therefore complements the goals of the DSP 2030.

C. National Strategy for Responsible Sustainable Development (STaRS)

The Government made a significant paradigm shift in 2014 in development planning,

policy formulation and investment. It introduced the STaRS with its 21 guiding principles
that provide the basis for a new approach to planning, investments and development.
The NOP takes into consideration principles 11, 13 and 20. Principle 11 is on the
retention and protection of biodiversity and ecosystems, and services. Principle 13
relates to planetary boundaries or ecological limits and principle 20 relates to the
promotion of international cooperation. The NOP is designed around the parameters of
the relevant STaRS principles. The NOP introduces prudent management and
conservation of the ocean resources that have the potential to sustainably grow the
economy.

D. Medium Term Development Plans (MTDPs)

There are four 5-year Medium Term Development Plans (MTDP) that seek to implement
the DSP 2030. Hence, the MTDP elaborates on the policy objectives of the DSP 2030
into achievable targets with specific indicators and appropriate resources . The MTDP III
2018-2022 has eight Key Result Areas (KRA). KRA 7 calls for the responsible
sustainable development of both land and ocean resources. The NOP therefore gives
effect to the aspirations of the DSP 2030. The NOP is the lighthouse that guides the
sustainable development of the ocean and its resources.

E. Other Sector Policies

The NOP is integrated well with other complementing policies such as Climate Change
Policy, National Fisheries Plan and Environment and Conservation Plan.

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3.7.2 National Legal Context

The National Goals and Directive Principles provide the bedrock for the Constitution of
PNG. In particular the Fourth Goal calls for Papua New Guinea's natural resources and
environment to be conserved and used for the collective benefit of us all and be
replenished for the benefit of future generations. In this regard, the NOP acknowledges
the legislative mandates of sectors and agencies to carry out activities in the country’s
ocean space, whilst at the same time acknowledging legislation that recognize the
environmental, social and economic considerations for current and future generations.

A. Organic Law on Provincial and Local Level Governments (OLPLLG)

The Organic Law on Provincial and Local Level Governments 1995, (OLPLLG)
mandates Provincial governments, districts, local-level governments (LLG) and wards to
produce development plans based on national priorities and targets customized to their
localities. The main aim of this legislative requirement is to merge bottom-up planning
with a top-down strategic approach, thus creating a realistic plan which addresses
development challenges effectively at each level. The NOP will promote and strengthen
the coordination of ocean governance and management activities to improve the
livelihoods of our people in the wards, LLG, districts and provinces. The transfer of
functions from the national government to the provincial government is provided for
under the Constitution and the OLPLLG and should be explored and utilized when
developing management approaches from the national level down to the LLG’s and the
communities. Possible new areas to optimize includes consultation with stakeholders
such as landowners, LLG, Provincial Government, and NGOs in relation to the use of
ocean assets or ocean ecosystem services.

B. Environment Act 2000

This legislation protects and regulates the environment from impacts of development
activities in order to promote sustainable development. Furthermore, it provides for the
management, conservation and protection of the environment from unsustainable uses.

C. Recognition of Custom and Traditional Knowledge

The Constitution recognizes Customary and Traditional Systems under the National
Goals and Directive Principle, particularly Goal 5 and section 9 of the Constitution. There
is also provision under the Constitution for the development of the underlying law with
regards to the application of custom. These laws must be considered in enabling an all-
inclusive approach in the IOM approach. The NOP takes into consideration the
Underlying Law Act, the Customs Recognition Act, the Land Dispute Settlement Act and
other relevant statutes when implementation is operational

D. Maritime Zones Act 2015

The MZA now provides for coastal waters which will enable provinces to declare three
nautical mile coastal waters in consultation and agreement with the national government.
The coastal waters are separate from provincial boundaries declared under the Organic
Law on Provincial Boundaries and the OLPLLG. Maritime boundary coordinates must be
corrected in the relevant legislation.

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E. Mining Act 1992

This legislation regulates the mining of minerals in PNG. It acts as a cornerstone in

controlling and regulating the wise use of mineral resources in the country.

F. Fisheries Management Act 1998

The Fisheries Management Act (FMA) is the principal legislation allowing for the
management and sustainable development of fisheries in PNG. It also contributes to the
implementation of the National Goals and Directive Principles, specifically to promote the
management and sustainable development of the fisheries resources.

G. Climate Change Management Act 2015

The Climate Change Management Act provides for a regulatory framework to;

a) Promote and manage climate compatible development through climate change

mitigation and adaptation activities; and
b) Implement any relevant obligations of the State under applicable rules of international
law and international agreements related to climate change; and
c) Establish Papua New Guinea's Designated National Authority or an equivalent entity
for the purposes of the Kyoto Protocol and any other or subsequent arrangements or
agreements made under the Kyoto Protocol.

H. National Maritime Safety Authority Act 2003

The National Maritime Safety Authority (NMSA) is established by this Act, to perform the
functions and roles relating to maritime safety, marine pollution, regulating standards for
international shipping and the registering of shipping vessels under the Merchant
Shipping Act 1975. PNG is a signatory to the International Convention for the
Prevention of Pollution from Ships (MARPOL) which regulates marine pollution. As such
PNG has responsibilities to ensure that ships operating in PNG waters are properly
equipped to operate under MARPOL standards. NMSA implements, inter alia, the
following marine pollution statutes:

i. Marine Pollution (Sea Dumping) Act 2013

ii. Marine Pollution (Ballast Water Control) Act 2013
iii. Marine Pollution (Ships and Installations) Act 2013
iv. Marine Pollution (Liability and Cost Recovery) Act 2013
v. Marine Pollution (Preparedness and Response) Act 2013

I. National Information and Communication Technology Authority Act 2009

This legislation deals with the laying of submarine cables which also have cross
implementation issues with ensuring safe passage and sea traffic lanes safety zones to
be established around the cables. The Department of Transport is, however, responsible
for the issuance of notices.

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J. Income Tax Act 1959

The Income Tax Act provides for the imposition of a tax upon incomes and to provide for
its assessment and collection. Compliance with the Act would be fundamental for
purposes of the imposition and collection of tax by the national government, provincial
governments and local-level governments. Fishing and other activities that will be carried
out in the oceans must be subjected to the requirements of the Act.

K. National Agriculture Quarantine Act 1997

Quarantine powers are exercised around the contiguous zones. There are cross cutting
issues with customs, fisheries and shipping regulatory powers.

L. Oil and Gas Act 1998

Offshore exploration and exploitation activities are regulated under this legislation. The
Oil and Gas Act sets out the licensing regime for the different types of exploration
activities that may be undertaken in the ocean.

Figure 4: PNG's Confirmed Baseline & Maritime Boundaries.

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 CHAPTER 4 POLICIES AND STRATEGIES

4.1 Current Situation

PNG is the 6th largest EEZ in the Blue Pacific, with fifteen Maritime Provinces and a total
EEZ of 2.8million square kilometers. PNG shares sea boundaries with Australia, the
Federated States of Micronesia, Indonesia and the Solomon Islands.

However, the marine or ocean resources have been managed and used in a policy
vacuum. The sector lacked strategic policy direction to enhance the management and
development of the ocean strategic assets to optimize economic benefits. The agencies
within the sector are not working together as such there is poor coordination and
management of our oceans and its natural resources.

PNG’s maritime boundaries are not monitored and controlled effectively, since resources
and manpower are limited and maritime domain awareness is not fully developed.
Illegal, unreported and unregulated fishing (IUU) is an international issue around the
world and is present in PNG. Some estimates state that IUU accounts for up to 30% of
total catches in some fisheries.

Currently there is no specific policy and legislation to improve the coordination and
management of the maritime sector. The variety of uses and activities affecting PNG’s
ocean space are currently managed through sectoral policies and laws. Crosscutting
issues and competing interests require integrated approaches to ocean management
which this policy will address.

4.2 Analysis of Issues

4.2.1 Governance & Management

The UNCLOS is widely considered as the international constitution of the oceans

incorporating both the codification of customary international law and negotiated treaty
commitments relating to the world’s oceans. It provides for jurisdictional rights and
obligations of coastal States and common uses of the ocean. It also provides for range
of uses of the oceans such as navigation, marine environmental protection, and
underwater cultural heritage, exploitation of living and non-living resources, marine
scientific research, and dispute settlement mechanisms.

PNG has committed to implement the United Nations Sustainable Development Goals
(SDGs). In line with this commitment, the Government has taken steps to integrate the
SDGs in the Medium-Term Development Strategy (MTDP) and has localized some of
the SDGs and Key Result Areas and indicators in the MTDP. SDG14 (life below water)
is an important goal as it promotes the conservation and sustainable use of our oceans,
seas, and marine resources. The NOP will clearly define the roles and responsibilities of
sectors to effectively address the governance and use of the oceans.

PNG’ sectors through their various mandates, to deal with the ocean space, implement
and enforce the rights and obligations under UNCLOS and its implementing
arrangements in cooperation with the mandated relevant UN multilateral bodies. Some
of these implementing arrangements include the Conservation on Biodiversity, United

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 Nations Fish Stocks Agreement, United Nations Framework on Climate Change, IMO
Conventions on marine pollution.

4.2.2 Knowledge & Technology

A. Marine Scientific Research

Improving the knowledge and understanding of marine and coastal processes is a

prerequisite for protecting the marine environment and ecosystems in a more
precautionary way and for supporting sustainable economic opportunities from ocean
resources.

The result from marine scientific research will provide the input for policy makers in
pursuing development options and benefit society in terms of weather forecasting,
climate changes and prevention of natural disasters. Every effort must be made to
develop and apply ocean science and marine technology in PNG in order to support
evidence-based decisions and actions in the sustainable use of the ocean and its
resources.

The NOP provides the framework for diligent commitment and undertakings with
relevant partners in the region and international research institutions to advance this
policy. The institutional and human capacity of marine research institutions in PNG must
be enhanced; these include the University of Papua New Guinea (UPNG)’s Motupore
Island Research Centre in Central Province, the National Fisheries Authority (NFA)’s
Nago Island Fisheries Research Station in New Ireland Province, and the PNG Maritime
College in Madang Province.

Research and Development (R&D) innovations are envisaged to offer advanced

research, sciences, technologies including biotechnology and the realization of benefits
from intellectual property rights. The Marine Scientific Research Committee (MSRC)
established under the MZA will oversee the coordination of marine scientific research
within the national jurisdiction in partnership with international institutions, including data
and research collection as well as the dissemination of data and knowledge. The MSRC
working through the national oceans committee will review the MSR guidelines,
formulate joint research proposals, and other related functions.

Through the NOP, PNG will also participate in the UN Decade of Ocean Science for
Sustainable Development. The Ocean Decade represents a possibility to build scientific
capacity and deliver us of the potential of the ocean to achieve the goals of the 2030
Agenda for Sustainable Development, specifically SDG14. The vision of the Ocean
Decade is “the science we need for the ocean we want”, with a mission to “generate and
use knowledge for the transformation action needed to achieve a healthy, safe, and
resilient ocean for sustainable development by 2030 and beyond.” The scope and reach
of the Ocean Decade is global and it offers PNG an avenue to participate and co-design
regional and international partnerships. An active engagement in the Ocean Decade by
PNG will strengthen the success of the NOP.

PNG is also participating in the intergovernmental conference on the proposed treaty for
the conservation and sustainable use of biodiversity in areas beyond national jurisdiction
(BBNJ). PNG stands to benefit under the agreement through capacity building and

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 transfer of marine technology in participating in the conservation and sustainable use of
marine biodiversity beyond its national jurisdiction.

B. Transfer of Marine Technology

Technology and Science can help deliver more efficient sustainable operational methods
in industries, including enhancing monitoring and surveillance of fishing operations,
facilitate pollution prevention and clean-up and enhance marine spatial planning. It can
help improve outcomes and implementation of the NOP.

The main issue affecting PNG’s participation in Transfer of Marine Technology (TMT) is
the lack of governance and coordination to secure pathways for collaboration and to
ensure that science and technology cooperation are made available for Research
Performing Organisations (RPO) involved in Marine Scientific Research (MSR). It is
noted that there is a fragmented coordination of development cooperation and science
and technology cooperation for the sector.

PNG needs to develop its marine science and technology plans (and strategies) for
building human and technical capacity in ocean affairs and law of the sea. Specific
infrastructures will also need to be established nationally and where required, in
provinces.

4.2.3 Environment Protection, Conservation & Climate Change

A. Marine Environment Protection, Preservation and Conservation

The conservation and protection of our oceans is becoming more urgent as the effects of
over exploitation, pollution from land based and sea-based activities, effects of climate
change, over-fishing, increased population and loss of biodiversity are felt globally and
domestically. Studying cumulative effects and applying strict measures where required is
a necessary management tool to ensure ecosystems and marine resources are
protected from human based interactions on their environment. Different ecosystems
must be managed according to their particular needs and connected systems made
where required. Implementation of effective area-based management systems require
sufficient funding as well as technical and scientific capacity.

The Sustainable Development Goal target 14.5 sets the conservation target of at least
10% of marine and coastal areas by 2020. PNG has also committed to Marine Protected
Area establishment under its voluntary initiatives at the United Nations Ocean
Conference in 2017. Identifying vulnerable and sensitive marine areas requiring
conservation and protection is necessary to know which areas require management
approaches to be applied.

PNG has several designated protected areas over coastal and marine habitats, identified
to be high biodiversity areas. However, there are not enough resources to manage and
enforce regulations and compliance in these areas and a comprehensive marine spatial
plan to manage potentially competing demands is not in place. This means the
effectiveness of these areas as sanctuaries for marine species is usually uncertain.
There are, however, demonstrated successes in the small-scale and community-based
protected areas in a number of locations.

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 The Precautionary approach, Polluter pays principle and the User pays principle must be
applied in actions and decision making on the use and management of the ocean.

Without baseline data and science on our marine biodiversity, ecosystems and
resources, knowledge on what is existing within and beyond our national jurisdiction is
limited. Addressing these gaps will enable efficient mapping, planning and funding
according to specific management needs and interventions. Specific legislative
frameworks and policies for the ocean identifying permitted activities and environmental
and planning standards for compliance, transparency and accountability in the marine
space is required.

Environmental guidelines and processes must be streamlined for applications to conduct

activities in the ocean. These processes must be provided in laws and regulations. A
specific Environmental Impact Assessment (EIA) for the ocean must be developed, with
clear process and stakeholder consultation guidelines. A committee must be appointed
to screen and provide recommendations to CEPA. The Conservation Environment and
Protection Authority must be supported to provide for an EIA process for the ocean
space.

B. Ocean-Climate Nexus

The ocean is an integral part of the earth’s climate system for both mitigation and
adaption. There is a need to also consider existing United Nations Framework
Convention on Climate Change (UNFCCC) processes to address various aspects of the
ocean-climate nexus, that is, the interface between ocean and climate issues.

The UNFCCC is promoting the Blue COP dialogue which places greater emphasis on
the role of oceans in the climate change system. These discussions include:

i. Promoting coherence in addressing ocean-climate issues both under the UNFCCC

and between the UNFCCC and other international processes;
ii. Increasing knowledge on, and the capacity to address, ocean-climate issues and the
protection and conservation of the ocean and of ocean and coastal ecosystems;
iii. Further mobilizing appropriate mitigation and adaptation action at the ocean-climate
nexus under the UNFCCC; and
iv. Mobilizing ocean-related actions, such as adaptation of marine ecosystems and
mitigation in the maritime sector within the Global Climate Action Agenda.

Climate change causes changes in the oceans that than have impacts on marine
ecosystems and ecosystem services with regionally diverse outcomes, challenging their
governance. Both positive and negative impacts result for food security through
fisheries, local cultures and livelihoods, and tourism and recreation. The impacts on
ecosystem services have negative consequences for health and well-being, and for
Indigenous peoples and local communities which are dependent on fisheries.

Coastal communities are also exposed to multiple climate-related hazards, including

tropical cyclones, extreme sea levels and flooding and marine heat waves. The
Government needs to plan and invest in needs-driven and science-based solutions for
small island communities. This issue is critical for small island communities. It is
important to engage the end-user upfront and co-design investments in tools and
knowledge transfer mechanisms. Systematic observation and research is needed to

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 better understand the role of ocean and coastal areas in climate change and appropriate
actions to apply. It is therefore important to support and fund oceanic observation and
research to help understand oceans and climate change linkages and solutions.

C. Marine Pollution

The United Nations defines Marine Pollution as;

“The introduction by man, directly, or indirectly, of substances or energy to the marine

environment resulting in deleterious effects such as: hazards to human health, hindrance
to marine activities, impairment of the quality of seawater for various uses and reduction
of amenities.”

Land based sources of pollution emanate from a range of sources including agricultural
runoff, untreated sewage and wastewater, oils, sediments and marine debris. Coastal
tourism, port and harbor developments, mining, fisheries, aquaculture and
manufacturing all contribute to development in the country but must be sustainably
managed.

Measures have to be adopted to prevent and control pollution caused by ships and to
mitigate the effects of any damage that may occur as a result of maritime operations and
accidents, especially in the prevention of marine pollution by oil or any ship-sourced
pollution. There are existing international pollution funds which PNG should be aware of
as these can contribute not only financing, but resourcing assistance for clean-up and
enforcement exercises.

The Government needs to ensure that there is efficient and effective controls and
standards in place, in accordance with international agreements to help coordinate
prevention, mitigation and response measures to marine pollution nationally and
internationally.

D. Deep Sea Tailings

Globally and for PNG (and Pacific) there are some deep-sea mining and tailing activities
which could affected our EEZ and provincial areas. Given a lot of uncertainties, the need
for a comprehensive hazard risk management application is necessary.

In recognizing the precautionary principle and polluter-pays principle all mining and
related extractive activities must employ and deploy science-based evidences for
geological surveys, mineral exploration; and especially proven technologies for mining
operations at the coastal belts and in the maritime zones with no significant levels of
negative environmental impacts in particular. In mining operations either in-shore or off-
shore, the employed or deployed technologies must have been fully tested in-situ for at
least 10-15 years and also internationally approved or accredited for application.

It is worthwhile to observe that in the 2011 White Paper on Off-shore Mining, very limited
attention was paid to the 2003 Green Paper on, Sustainable Development Policy and
Sustainability Planning Framework for the Mining Sector in PNG, probably because it
focused on land-based mining; some of the basic principles including those related to
distribution of benefits merit discussions in ocean mining fora; and also, the lack in the

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 Green Paper of a foresight on how to deal with mining in the oceans the year after, and
since then.

Our NOP entails all mining and related extractive activities from the coastal belt to the
maritime zones within PNG’s national jurisdiction are consistent with it; that is, scientific
research and testing of technologies of more than 10-15 years are prerequisites for the
required approvals to be given.

The opinion by the Seabed Dispute Chamber of the International Tribunal for Law of the
Sea, Responsibilities and Obligations of States Sponsoring Persons and Entities with
Respect to Activities in the Area of 2011 is significant as it must be used as a guide to
develop a legislative framework which ensures that any proposed deep seabed mining
activities should meet strict limits with the aim of preventing harm, whether to the
common heritage of mankind or in the national jurisdiction. In the pursuit of seabed
mining in the country the government must take note of this opinion and develop the
necessary legislative framework to protect our ocean.

4.2.4 Sustainable Economic Development

A. Sustainable Development of Marine Resources

Given that it is important to strengthen initiatives relating to the development, exploitation

and conservation of the Exclusive Economic Zone, the Government must take such
measures as are necessary for the promotion of the development of the EEZ, including
measures to promote development reflecting the characteristics of the sea areas falling
within the EEZ and measures to prevent the infringement of the sovereign rights of PNG
in the EEZ.

Possible climate impacts of deep-sea mining, particularly of hydrothermal vents, in terms

of releasing methane and sequestered carbon must be considered, as well as the need
to abide by various biodiversity commitments under international law in any marine
exploitation activity.

The decommissioning and rehabilitation of offshore mining or petroleum equipment and

any related onshore facilities must be done in accordance with the legal framework (of
the mining, oil and gas, and maritime laws, the Environment Act 2000) and any Mine
Closure Policy. A marine consent regime must be legislated to conduct permitted
activities in the ocean in a more effective, sustainable and transparent manner.

B. The Blue Economy

The blue economy comprises of a range of economic sectors and related policies that
work together for the sustainable use of the ocean resources. The concept promotes
economic growth, social inclusion and improvement of livelihoods as well as
sustainability of the ocean and coastal environment. As such there is a need for key
economic sectors such as fisheries, marine transport, science and technology and
tourism to work together in the formulation of a blue economy plan to realize these goals.

Most importantly, the blue economy also encompasses science and innovation, and new
activities in the ocean, such as offshore renewable energy (wind, wave, and tidal

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 energy), aquaculture, sea-bed extractive activities, marine biotechnology and bio
prospecting.

The Blue Economy offers a new dynamic that could be used to mobilize new inter-
institutional linkages across different sectors, marshal support for necessary reforms,
and fill existing gaps in legislation and enforcement mechanisms. This could be done at
various levels, including national, regional, and international, as deemed appropriate.

4.2.5 International Relations, Security, Safety & Recreational Use

A. International Relations

PNG also has ongoing bilateral relations with various countries and other development
partners. Through this bilateral process, PNG will need to flag and encourage
cooperation with partners in the ocean space, particularly to promote and pursue PNG’s
interests in oceans, and also ensure alignment with interests of partners, to contribute to
the attainment of national, regional and global goals.

PNG is a party to several regional and international initiatives currently being pursued to
promote the sustainable management and use of the oceans and its resources. These
include the Blue Pacific Agenda, United Nations Ocean Conference forum, and
initiatives to support the implementation of SDG 14 – Life under Water, the
Commonwealth Marine Economies Program (CMEP), and the Commonwealth Blue
Charter.

Given the importance of oceans and its direct linkages to climate and the impacts of
climate change on the health and sustainability of oceans, there is greater emphasis on
the need to address ocean related matters at the bilateral, regional and international
levels. In that context, new and emerging initiatives, developments and discussions on
oceans will arise in the near future. DFAIT and its Diplomatic Missions need to ensure
that the NOO and national stakeholders are kept informed to participate and contribute
meaningfully to such discussions.

B. Areas Beyond National Jurisdiction (ABNJ)

PNG is also participating in the negotiations for a proposed treaty for the conservation
and sustainable use of biodiversity in areas beyond national jurisdictions which will
become an implementing instrument under the UNCLOS. PNG, as well as other small
island developing states, stands to benefit under the agreement through biotechnology
and bio prospecting as well as capacity building in participating in the conservation and
sustainable use of marine biodiversity beyond its national jurisdiction.

PNG may work in consultation with the International Seabed Authority to consider
benefits from research, technological transfer and capacity building activities established
within its governance and management frameworks.

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C. Maritime Security

The UNCLOS contributes to the strengthening of peace, security, cooperation, and

friendly relations among nations, as well as to the promotion of economic and social
advancement, and to the sustainable development of the oceans and seas. The
Government must continue to increase its maritime security surveillance and response
capability in PNG’s ocean space including along the maritime borders, to ensure that
PNG’s sovereignty and sovereign rights are protected. This includes ensuring that
PNG’s existing rights and entitlements stemming from maritime zones are preserved and
not altered through climate change and related impacts.

With the enactment of the MZA, there are now clear and legally defined boundaries as to
where specific agency roles and responsibilities begin and end. In this regard, improved
and efficient coordination and cooperation amongst agencies, involved in security
operations, is important to ensure there is required monitoring, control and surveillance
of PNG’s vast ocean space. This also means that limited financial resources are
allocated accordingly.

Security has several dimensions, including illegal trafficking across borders, IUU fishing,
customs breaches, quarantine, declaration and payment of import duties, immigration
control and biosecurity. In PNG waters, while there is existing limited threat, the global
increase in piracy cannot be ignored, and the secure passage of passenger and c argo
vessels must be assured.

The environmental and social dimensions include monitoring environmental threats to

the oceans, coastline and rivers from transport sources including pollution by shipping
through oil and cargo spillages, discharge of liquid and solid wastes, and anti-fouling
coatings, spillages and discharges from wharves and port industrial sites, modification to
shorelines and beaches through reclamation, dredging and materials extraction for
construction and other purposes. Verification and inspection of ports and incoming
vessels require periodic inspections and verifications of compliance with IMO
requirements.

D. Maritime Safety

The NMSA through its Hydrographic Services and the Department of Transport, through
the National Weather Services Office should cooperate accordingly and advise with
regards to safety on the ocean. Earth observational infrastructure must be supported
and enhanced, and necessary investments made in the interpretation and preservation
of this data. Accurate and up to date information about the sea state, atmospheric
conditions and geo-hazards are required to ensure that risks to people and infrastructure
are prevented or mitigated accordingly.

Compulsory pilotage must be considered to reduce the risk of ship groundings and
collisions in particularly sea sensitive areas (PSSA). All regulated ships should have a
pilot on board when travelling through specified routes.

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 E. Coastal and Ocean Observing Systems

With increased understanding of our oceans and coasts, comes an increased ability to
keep the country safe, economy secure, and the environment healthy and productive.
Coastal and ocean observations provide critical information for protecting human lives
and property from marine hazards, enhancing our security, predicting global climate
change, improving ocean health, and providing for the protection, sustainable use, and
enjoyment of ocean resources.

While the technology currently exists to integrate data gathered from a variety of sensors
deployed on buoys, ships, and satellites, the implementation of a sustained, coastal and
ocean observation system is overdue in PNG and should begin immediately by relevant
agencies. The system would gather information on physical, geological, chemical, and
biological parameters for the oceans and coasts, conditions that affect and are affected
by humans and their activities.

4.3 Policy Responses

4.3.1 Strategy 1: Governance and Management

Shared responsibility of our oceans through transparency and accountability

An effective governance and management system will have to be efficient, transparent

and accountable. Laws, policies, and programs must be well coordinated and easily
understood by regulated parties and the public. A comprehensive framework should be
in place that defines the appropriate roles for different levels of government, its
agencies, the private sector, and citizens, promoting effective partnerships for managing
ocean and coastal resources with high level of leadership.

Strategic Actions:

! Identify the Stakeholders in Ocean Governance with emphasis on an inclusive

rights-based and generational approach as the underlying or foundation of the NOP.
! Identify the roles and responsibilities of Stakeholders in the Ocean Governance.
! Identify the mechanism for Coordination, Communication and Cooperation between
stakeholders.
! Identify international and regional partnerships for ocean governance and
management.

4.3.2 Strategy 2: Knowledge and Technology

Improving the understanding of our Ocean through science and research and
knowledge.

This strategy captures contemporary and traditional understanding of the oceans and
provides the basis for sustainable use of the oceans and its resources, for the
amelioration of pollution and harmful practices and for the prediction of weather, climate
change and oceans variability.

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Strategic Actions:

! Identify and prioritize information needs and the co-operative mechanisms for
acquiring, accessing and disseminating information.
! Establishing a National Depository for Information and Data Access and identifying
the cooperative mechanisms and processes, research, sharing of data and
innovation.
! Support and strengthen national and regional capacity, encourage partnerships
between regional and international organizations, and the public and private sectors,
to improve our understanding of the oceans.
! Facilitate access to this information, encourage its wide application in the
implementation of this policy and any compatible national oceans policies that may
be developed in association with it.
! Have regard for traditional knowledge and its potential to contribute to better
understanding the oceans and to the effective management of resources.
! Promote further formal education and training of local people in marine science and
marine affairs disciplines.

4.3.3 Strategy 3: Environment Protection & Conservation

Protecting and maintaining the health of the ocean and coastal environment.

This strategy highlights the natural linkages on the health and productivity of our oceans
and is driven by regional-scale ecosystem processes and is dependent upon preserving
the ecosystem integrity and minimizing the harmful impact of human activity.

Strategic Actions:

! Adopt an integrated trans-boundary approach, through harmonized institutional

arrangements, including existing international and regional agreements, for
managing marine ecosystems for long-term sustainable benefit.
! Incorporate sound environmental and social practices into economic development
activities. To protect and conserve biological diversity of the ocean’s ecosystem at
local, national and regional levels.
! Reduce the impact of all sources of pollution on our ocean’s environment.

4.3.4 Strategy 4: Sustainable Economic Development

Sustainable development and management of the use of our ocean resources.

This strategy articulates that coastal and island communities in PNG are heavily reliant
on the wide range of resources and services that the oceans provide for social, cultural
and economic security - can be expanded to include conditions that economic activities
are required to sustain the economy and contribute to the country’s GDP, but must be
conducted in a sustainable way.

Strategic Actions:

! Identify priorities and implement resource development and management actions

and regimes in accordance with the precautionary approach.
! Enable equitable sharing of resource access and benefits at local, national and
regional levels.
! Engage, as appropriate, local communities and other stakeholders in resource
management decision making. And encourage free, prior and informed consent of

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 traditional landowners and marine resource owners for decisions which impact their
land and resources, including any that involve the sea or ocean resources,
according to international principles and best practices.
! Build capacity of PNG communities for sustainable resource development and
management.
! Establish mechanism to protect traditional knowledge, rights and cultures.
! Establish and protect intellectual property rights through legislation.

4.3.5 Strategy 5: International Relations, Security and Safety

Promoting and enhancing the peaceful use of the oceans

This strategy underlines the peaceful uses of the oceans and elimination of security risks
and threats to our oceans - the major source of sustainable livelihoods for PNG
communities as well as the Pacific Islands.

Strategic Actions:

! Ensure that all activities carried out in our oceans meet all relevant international and
regional standards, and do not cause environmental damage, social or economic
hardship in the country.
! Seek remedial action in the event of an incident resulting from non-peaceful use of the
oceans.
! Ensure that the ocean is not used for criminal activities nor for other activities that
break local, national or international law.
! Encourage cooperation.

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 CHAPTER 5 INSTITUTIONAL ARRANGEMENTS

5.1 National Oceans Office

The various stakeholder activities and competing interests must be monitored and
coordinated by the Oceans Office, through the proposed Committees. An effective
governance structure, with sustained leadership and broad inter-agency coordination is
required to effectively manage the complex and pressing problems facing the ocean with
coordination from the national level, down to the provincial and local levels.

It is proposed that relevant committees be established, to facilitate this tiered level of

decision making. A Term of reference (TOR) must be developed, setting out the
functions of the NOO and its committees. The proposed governance committees are:

! Ministerial Oceans Committee (Political oversight)

! National Oceans Committee (Steering committee)
! Technical Working Group (Cross cutting issues and competing interests)

5.1.1 Operational Policies

The NOO will work with relevant agencies to continue to develop the necessary
operational policies required to implement this policy and the MZA. A Policy on
Cooperation and Operational Guidelines outline areas of cooperation which must be
undertaken to address data sharing and resource shortfalls. Information sharing and
cooperative arrangements must be developed through the relevant committee.

5.1.2 Ministerial Oceans Committee (MOC)

This Committee will make overall decisions on Policy Development. The Minister for
Justice is the Chair to the MOC, in accordance with the oversight mandate provided to it
under the MZA. The Co-chair will be the Minister for Foreign Affairs.

5.1.3 National Oceans Committee

The National Oceans Committee (NOC) will be at the Secretary and Deputy Secretary
level. Membership will be from a broader forum, from the consultation, implementation
and enforcement levels. DJAG and DFAIT are co-chairs of the NOC. The NOC will
provide an advisory role to the MOC and will establish sub-committees to work on
specific technical issues as and when required.

The proposed membership of the NOC consists of the Core Technical Committee and
additional organizations who assist in the implementation and enforcement activities in
the ocean space, as well as, legislative and policy implementation, monitoring and
reform in PNG.

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5.1.4 Core Technical Committee (CTC)

The Core Technical Committee will be at First Assistant Secretary or a Director level.
Membership will be drawn from agencies with various mandates to deal with the ocean space.
These agencies will deal specifically with technical cross-cutting issues, enforcement powers,
and compliance matters. It is envisaged that most of the cooperative mechanisms and
processes will be developed by the CTC with appropriate recommendations to NOC for
endorsement. Cross-cutting issues may be referred to the NOC for appropriate
recommendations to the MOC.

5.1.4 Oceans Office Operational Requirements

Funding is required for the operations of the NOO. Annual work plans must be developed by the
NOO with the NOC. Annual funding will be sought through the national government budget
process based on submitted annual work plans. During this period of transition, the Oceans
Secretariat will be housed under DJAG but will eventually become a stand-alone office to
implement and enforce the MZA.

5.1.5 Working Committee to develop Applied Research regimes.

Research is important for informed decision making for environmental protection and economic
development. The linkages between activities, their impact on the environment and mitigating
the effects on the offshore environment and into the deep sea should be regulated and
managed based on scientific advice. A regime for approvals for Marine Scientific Research
(MSR) and Applied Research applications will be developed to address these two areas
separately.

Two separate committees may be established; one for pure research and the other for applied
research. Identification of different stakeholder policies on research within their mandates needs
to be carried out and aligned with the MZA and this NOP.

5.1.6 National Advisory Committees

Apart from the National Oceans Committee and its sub-committees, the Oceans Office may
coordinate with existing National Coordinating Committees to support the implementation of the
NOP goals and objectives.

5.1.7 Resource Implications

The successful implementation of the NOP relies on the timely availability and efficient
application of human, financial, material and information resources. The financial resources
required must be detailed in the Annual Plan (Strategy) against specific work areas.

It is the responsibility of DJAG with support from DFAIT, to ensure that in this initial stage, the
NOO is adequately resourced to carry out the administration, monitoring and updating of the
NOP in a timely manner. The Government is committed to the establishment of the NOO and
funding of its operations to enable the NOO to properly oversight a wide range of ocean
governance matters and priorities including development of sustainable financing mechanisms.
The DJAG, as the current custodian of the NOP and manager of the NOC, must seek a capital
investment program funding for the short to medium term to urgently commence the
implementation of this strategic framework. The needs for immediate interventions in the

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 integration processes require appropriate sustainability strategies and sustainable financing for
long-term purposes. The overall policy intention is a dedicated set of resources and finances at
relative higher levels from the norm, to be provided firstly to priority programs at the local-level
communities and districts.

5.1.8 Funding Sources

The Government envisages that during its planning and implementation phase(s), it will
commence diligent sourcing of Resources and Financing, and investment strategies with
international, regional and national financial partners, and include an extension of the domestic
taxation regimes and include blue (ocean) taxes and trust funds.

International sources of funding include multilateral banks, bilateral development cooperation

agencies, foundations, international NGO’s, carbon offset programs, national and global levies ,
global environment facility, and philanthropic contributions. (National level mechanisms include
blue taxes, levies, surcharges and tax incentives, tax deduction schemes, private foundation
grants, national environmental funds and debt swaps).

The institutional and governance frameworks must be developed in consultation with the NOC.
Institutional arrangements must take into consideration existing and future arrangements and
integrate emerging mechanisms under this policy and relevant legislation.

5.3 Organizational Responsibilities

The table below summarizes the roles and responsibilities that are expected to be carried out by
the organizations and agencies, principally engaged in the oceans sector service delivery.

Organization Roles and Responsibilities

National Oceans Office ! Oversight, coordination and implementation of the MZA

(NOO) 2015.
! Maritime Boundary Delimitation Negotiations, meetings
and related work.
! Marine Scientific Research (MSR).
! Secretariat support to Governance Committees.
! Any other work identified in relation to the oversight and
implementation of the MZA.
! DJAG will ensure that matters relating to the MZA and the
Department of Justice & NOP are communicated accordingly to the Oceans Office
Attorney General (DJAG)- and addressed in the appropriate committees.
Office of Ocean Affairs. ! DJAG through its various Branches which have
responsibilities in Ocean Governance, will assist the
Oceans Office in ensuring reporting obligations to
International and Regional Organizations are undertaken
and shall work together to produce Ministerial Reporting
as required by the MZA.
! Political responsibility of NOP Implementation.
! Legislation Review and Revision of existing Legislations
and drafting of new Legislations as pertains to NOP
implementation.

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 ! The original NEC Decision 124/96 is a testament that
Department of Foreign places responsibility for NOP implementation with DJAG
Affairs and International noting political responsibility of the NOP is the remit of
Trade (DFAIT) DFAIT.
! DFAIT will provide full support to DJAG to implement NOP
! Responsible for Budget allocation Reviews.
Department of National ! Sets National Targets against relevant MTDP Goals.
Planning and Monitoring ! NOP Monitoring and Evaluation.
(DNPM) ! Formulate Results Framework and M&E framework for
NOP.
! Support Government Departments to report against NOP
results framework as part of annual Department reporting
against MTDP III and the SDGs.
! Lead NOP Monitoring and Evaluation throughout life of the
Policy.
! Develop a Theory of Change to provide overarching
results-focus for the NOP and track, update and amend
ToR with Stakeholders on an annual basis.

Department of Treasury !Allocates Financing to support NOP Operational

(DOT) activities.
! Allocates development budget to support NOP
development.
! Allocates Provincial, District and Local Level
Government Services Improvement Program (PSIP)
funding.
! Has Statutory Responsibilities over matters of Local
Department Provincial and Government pursuant to, in accordance with the Organic
Local Level Government Law on Provincial Governments and Local-level
Governments 1995, Provincial Governments
Administration Act 1997 and the Local-level Governments
Administration Act 1997.
! Responsible for the dissemination of Policy to Provinces.
! Reports on performance of Provinces and LLGs.
! Links top down Strategies with bottom up needs.
! Coastal Waters Issues Reporting to DPLLG and vice
versa.
! Maritime Transport Policies and Strategies in relation to
Department of Transport the Harbours Act and the Merchant Shipping Act and
related Regulations.
! Works in partnership with NMSA in regard to International
Agreements on Maritime (Safety) matters and Registration
of Vessels.
! Alignment of domestic and international research and
innovation activities to PNG’s national priorities as
PNG Science and identified in the NRA.
Technology Council ! Coordination of PNG’s Science and Technology
(PNGSTC) Cooperation in collaboration with DNPM and DFA; this is
inclusive of Initiatives of Capacity Building and Technology
Transfer across all fields of Science and Technology,

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 including MSR and TMT.
! Approval of Domestic and International Research across
all fields of Science and Technology, including MSR.
! Provide Technical and Funding Support for the
Development Partners, Implementation of NOP.
Donors, Regional and ! Provide funding support for Provincial and Community
International Organizations Implementation activities of NOP.
! Capacity Building Support.
! Implementers of Rural and Peri-urban WaSH and
NGOs Conservation Programs.
! Advocacy and Support for participation in the UN decade
of Oceans Science for Sustainable Development.

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 CHAPTER 6 IMPLEMENTATION PLAN

A PNG Action Plan (Action Plan) must be developed to outline how this Policy will be implemented in
greater detail, as well as the agencies responsible for each of the actions. The Action Plan must be
developed within 12 months of the endorsement of this Policy and must be reviewed every two years.
In terms of oversight, the NOC under the leadership of the Co-chairs must be responsible for providing
advisory oversight in the implementation of the Action Plan. Any policies relating to the coast and
offshore must be endorsed by the Ministerial Ocean Committee before it is taken to NEC for
deliberation and final approval.

The PNG Action Plan must incorporate actions to implement the strategies outlined in this Policy. The
Action Plan must support integrated ocean management.

Implementation Phase 1:

2020 – 2022 Responsible

Implementation Activities
Agency
2020 2021 2022
Finalize NOP and submit for NEC
approval. DJAG, DPM, DoT

Establish full office of Office of

DJAG
Ocean Affairs in DJAG

Regional awareness on NOP –

Phase 1- NGI, Phase 2 – Momase, DJAG
Phase 3- Southern and Phase 4-
Highlands

Marine Scientific Research (MSR)

DJAG, DFA, STC
Guidelines Review & MSR
Committee functioning.

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Implementation Phase 2:

2020 – 2022 Responsible

Implementation Activities
Agency
2020 2021 2022

Drafting of legislation with OSS, to

DJAG
establish NOO, functions and
responsibilities, linking to regulations.

Commence drafting of Regulations DJAG

with OSS.

Submit draft legislation to Central

DJAG
Agencies Coordinating Committee
(CACC).

Submission to NEC for approval DJAG

Tabling of legislation in parliament

DJAG
Gazettal of Regulations

Implementation Phase 3

2020 – 2022 Responsible

Implementation Activities
Agency
2020 2021 2022
Annual Report
DJAG & DFA

DJAG, DFA
Office of Ocean Affairs contributes to
&DNPM
MTDP 2021- 2026
DJAG & NOC
Three years NOP review

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 CHAPTER 7 MONITORING & EVALUATION

This Policy brings to the fore the significant role of Oceans to provide vital resources and
services for sustaining humankind including food, recreation, transportation, energy, nutrient
cycling and climate moderation, and its substantial contribution to our economy. Thus, it is
imperative that Government and other stakeholders must commit and contribute not only to
attain the NOP objectives, but also to periodically track its performance and results; and assess
the ‘health’ conditions of the oceans around the country. The aim of monitoring, evaluating and
reporting of this Policy is to assess the various stakeholders’ contributions in delivering
implementation plans, changes in systems and processes and innovative approaches that
promote NOP’s goals and objectives, including its contribution to StaRS and SDG 14 (Life
below Water) that can be carried out over the next 5-10 years.

At the national level, the NOP M&E processes will determine how PNG mobilizes the national,
regional, and global ocean community to develop an integrated oceans management, address
key policy gaps, enhance ocean science and technology, and connecting ocean science with
the country’s population needs, and assessing the following national outcomes:

Table 7.1: The NOP National Outcomes

TRANSFORMING National, Regional, and Global knowledge systems on Ocean

Science and Technology to support sustainable development
are developed progressively.

BOLSTERING National Ocean observing and data systems are in place and
evolving.

MEASURING Cumulative outcomes and impacts for effective solutions are

documented and reported regularly.

DELIVERING Best available knowledge, data system, and technologies are

available and utilized by decision-makers.

REDUCING Vulnerability to ocean and coastal hazards are reduced in

concert with all stakeholders.

ACCELERATING Transfer of marine technology, training, and education are

delivered and accelerated.

To achieve the above NOP outcomes and processes, specific contributions to NOP plans and
targets will be required from Ministries, Departments, Agencies, Academia, Provinces, Districts
and other Parties, such as Private Companies, Research Organisations, Multilateral and
Bilateral Development Partners, and other International Partners. The National Oceans Office
(NOO) in collaboration with Department of National Planning and Monitoring (DNPM) and the
Interagency Working Group on NOP (IWG-NOP) will track the progress of implementation of the
NOP using the MTDP III, StaRS, and SDG 14 Monitoring and Evaluation Framework (see
Table 7.2).

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Table 7.2: PNG SDG 14 Targets and Indicators

Localized SDG Targets Localized SDG Indicators

14.1 Prevent and significantly reduce marine 14.1.1 Index of coastal eutrophication
pollution of all kinds, in particular from land-based and floating plastic debris density.
activities, including marine debris and nutrient
pollution.
14.4 Regulate harvesting and end overfishing, 14.4.1 Proportion of fish stocks within
illegal, unreported and unregulated fishing and biologically sustainable levels.
destructive fishing practices and implement
science-based management plans, in order to
restore fish stocks in the shortest time feasible, at
least to levels that can produce maximum
sustainable yield as determined by their biological
characteristics.
14.5 Conserve at least 10 per cent of coastal and 14.5.1 Proportion of protected areas in
marine areas, consistent with national and relation to marine areas in PNG.
international law and based on the best available
scientific information.
14.7 Increase the economic benefits from the 14.7.1 Sustainable fisheries as a
sustainable use of marine resources, including percentage of GDP in PNG.
through sustainable management of fisheries,
aquaculture, and tourism.

14.a Increase scientific knowledge, develop 14.a.1 Proportion of total research

research capacity and transfer marine technology, budget allocated to research in the field
taking into account the Intergovernmental of marine technology.
Oceanographic Commission Criteria and
Guidelines on the Transfer of Marine Technology,
in order to improve ocean health and to enhance
the contribution of marine biodiversity to PNG.

14.b.1 Provide access for small-scale artisanal 14.b.1.1 Existence of instruments that
fishers to marine resources and markets. specifically target or address the small-
scale fisheries sector (Yes = 40; No =
0)
14.b.1.2 Existence of specific initiatives
to implement the Small-Scale Fisheries
Guidelines (Yes = 30; No = 0)

14. b.1.3 Existence of mechanisms

enabling small-scale fishers and fish
workers to contribute to decision-
making (Yes = 30; No = 0) processes

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 14.b.1 Composite indicator: Scores of
14.b.1.1 + 14.b.1.2 + 14. b.1.3

NOP annual progress reporting shall be focused on the above outcomes, targets, and indicators
and the Papua New Guinea Action Plan. The Office of Ocean Affairs will carry out periodic
reviews of the Policy and make appropriate recommendations to the Ministerial Oceans
Committee. Additionally, progress in PNG’s Action Plan is reviewed at annual events to coincide
with the MTDPs annual reviews. All NOP reports and other information materials are posted on
DNPM’s website.

The specific Monitoring, Evaluation and Reporting requirements for each of the various
agencies and organizations are outlined below.

7.3 Government Agencies

1) Use the targets and indicators from relevant policy instruments in the annual
business plan and budget submission as a basis for Internal Government
Monitoring and Management.
2) Indicate which of the actions within their annual business plan, budget
submission and performance reports contribute to the implementation of the
Action Plan.
3) Provide Annual Business Plan, budget and performance reports to the Office of
Ocean Affairs for compilation into the Papua New Guinea Annual Progress
Report (Progress Report).

7.4 Papua New Guinea Office of Ocean Affairs

1. Shall provide a consolidated Annual Progress Report for the Ministerial Oceans
Committee which includes:

a) Results achieved including (as appropriate) the impact of implementing the

action plan in relation to the achievement of Policy goals and the relevant MTDP
indicators;
b) Lessons learned;
c) Actions taken to improve performance and address issues or risks arising from
the implementation of the Action Plan; and
d) Forecast the Office of Ocean Affairs programme for the next twelve months.

2. Submit required Regional and International Reports to relevant Development

Partners.

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Annex 1: National Oceans Office Structure

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